AB (a child), Re

AB (a child), Re

The existence of a recognised foreign adoption order does not preclude the making of a parental order under HFEA 2008 s 54, as the statutory requirement is a factual one concerning who carried the child, not a legal status question. The applicants met all statutory criteria, and the order was in the child's welfare interests.

Parties
Applicant: FG; Applicant: GH; First Respondent: IJ; Second Respondent: KL; Third Respondent (child): AB (Through his Children’s Guardian, Catherine Callaghan); Intervener: Secretary of State for the Department of Education
Jurisdiction
England and Wales
Judgment Date
22 March 2024
Procedural Posture
Family Law Parental Order Application After Foreign Adoption (surrogacy) / Judgment After Hearing With Intervener
Outcome
Parental order granted in favour of the applicants; time for filing extended.
Legal Topics
Parental Orders, Recognition of Foreign Adoptions, Surrogacy Arrangements, Statutory Interpretation
Family Law Surrogacy Adoption Parental Orders Recognition of Foreign Adoptions Surrogacy Arrangements Statutory Interpretation

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Parties

FG

Applicant

GH

Applicant

IJ

First Respondent

KL

Second Respondent

AB (Through his Children’s Guardian, Catherine Callaghan)

Third Respondent (child)

Secretary of State for the Department of Education

Intervener

Procedural Posture

Family Law Parental Order Application After Foreign Adoption (surrogacy) / Judgment After Hearing With Intervener

Legal Issues

  1. 1 Whether the existence of a recognised foreign adoption order precludes the making of a parental order under HFEA 2008 s 54
  2. 2 Interpretation of HFEA 2008 s 54(1)(a) in light of ACA 2002 s 67(1)

Ratio Decidendi

The existence of a recognised foreign adoption order does not preclude the making of a parental order under HFEA 2008 s 54, as the statutory requirement is a factual one concerning who carried the child, not a legal status question. The applicants met all statutory criteria, and the order was in the child's welfare interests.

Court Disposition

Parental order granted in favour of the applicants; time for filing extended.

Orders

  • Parental order made under HFEA 2008 s 54 in respect of AB.
  • Time for filing the application extended beyond the statutory six-month period.